Case Law Index
federal1987
Additional Highlights:TakingsUnconstitutional ConditionsProperty Rights
Nollan v. California Coastal Commission
United States Supreme Court
Key Holding
A land use condition imposed as a permit requirement constitutes an unconstitutional taking unless it has an essential nexus to the government interest the permit condition seeks to further.
Case Summary
Nollan v. California Coastal Commission established the "essential nexus" test for permit conditions, holding that requiring a public beach easement as a condition of a building permit was a taking because there was no nexus between the condition imposed and the legitimate governmental interest asserted.